Opinion
No. 05-15-01027-CR
01-27-2016
BRANDON DONYA HUGHES, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court Dallas County, Texas
Trial Court Cause No. F14-75983-S
MEMORANDUM OPINION
Before Justices Francis, Evans, and Stoddart
Opinion by Justice Stoddart
A jury convicted Brandon Donya Hughes of murder and assessed punishment, enhanced by a prior felony conviction, at life imprisonment. See TEX. PENAL CODE ANN. § 19.02(b)(1) (West 2011). In his sole issue, appellant contends the sentence is excessive and disproportionate. We affirm.
Appellant contends the life sentence is excessive and disproportionate punishment because evidence of mitigating factors was presented at trial. Appellant points to evidence that he called the police after the shooting, he did not have a weapon on his person or resist the police when they arrived on the scene, and he had never been violent or belligerent with the victim prior to the shooting. Appellant argues this evidence and the fact that he has children that he supports should have mitigated against receiving an excessive sentence. The State responds that appellant has failed to preserve this issue for appellate review and alternatively, the sentence is not grossly disproportionate to the crime.
Appellant did not complain about the sentence either at the time it was imposed or in a motion for new trial. See TEX. R. APP. P. 33.1(a)(1); Castaneda v. State, 135 S.W.3d 719, 723 (Tex. App.—Dallas 2003, no pet.) (to preserve error, appellant must make a timely request, objection, or motion). As a result, appellant has not preserved the issue for our review.
Additionally, as a general rule, punishment that is assessed within the statutory range for an offense is not excessive or unconstitutionally cruel or unusual. See Kirk v. State, 949 S.W.2d 769, 772 (Tex. App.—Dallas 1997, pet. ref'd). Murder is a first-degree felony offense, with a punishment range of five to ninety-nine years' or life imprisonment and an optional fine of up to $10,000. The punishment range, enhanced by a prior felony convictions, becomes fifteen to ninety-nine years' or life imprisonment and an optional fine not to exceed $10,000. See TEX. PENAL CODE ANN. §§ 12.32, 12.42(c)(1), 19.02(c) (West 2011 & Supp. 2015).
Appellant's sentence was not only enhanced by a prior felony conviction for drug offense, appellant had several other convictions for both misdemeanor and felony offenses. Appellant's life sentence is within the statutory range, and nothing in the record supports his complaint that the sentence was excessive. We overrule appellant's sole issue.
We affirm the trial court's judgment.
/ Craig Stoddart/
CRAIG STODDART
JUSTICE Do Not Publish
TEX. R. APP. P. 47
151027F.U05
JUDGMENT
Appeal from the 282nd Judicial District Court of Dallas County, Texas (Tr.Ct.No. F14-75983-S).
Opinion delivered by Justice Stoddart, Justices Francis and Evans participating.
Based on the Court's opinion of this date, the trial court's judgment is AFFIRMED.
Judgment entered this 27th day of January, 2016.